If you’ve been seriously involved in a car accident in Miami, you are entitled to compensation from the negligent driver who caused your injuries.
However, the law limits when you can file a personal injury claim; this is known as a statute of limitations. If you file your claim after the deadline, you risk losing your right to compensation, even if the other party is clearly at fault or if you have severe injuries.
To avoid this situation, contact the Miami car accident lawyers at Aigen Injury Law as soon as possible. Our legal team can assess your case, determine the relevant statute of limitations, and fight to protect your right to compensation.
Florida’s Statute of Limitations for Car Accident Claims
Under Florida law, the statute of limitations for filing a personal injury lawsuit due to another person’s negligence is two years.
For example, if you were injured in a car accident by a negligent driver on January 20, 2025, you have until January 20, 2027 to file an injury lawsuit. If you were to try filing an injury claim after this date, you may be barred from recovering damages for medical bills, lost wages, pain and suffering, and other losses.
While it may seem like a long time, you should not wait too long before filing a claim. The more time between the crash and the claim, the higher the risk of evidence disappearing, witness memories fading, and insurance companies offering smaller payouts.
Why Some People Delay Filing a Car Accident Claim
Although you should file a claim as soon as possible when you suspect you’ve been injured in a crash, there are several reasons why many crash victims do not do so immediately after their accidents. Some of the most common reasons for delaying include:
Underestimating Injuries
Not all car accident injuries immediately show symptoms or the full extent of their effects. For example, signs of whiplash can take days or even weeks to appear.
Victims may assume they are less hurt than they really are or even that they are unharmed, only to experience worsening symptoms later that don’t abate without treatment. A car crash attorney can review your medical records and recommend the right time to file a claim, protecting your rights while ensuring your damages are accurately calculated.
Attempting to Resolve It Privately
When crash victims aren’t aware yet of the extent of their injuries, or often, the true cost of the damage to their vehicle, they may be persuaded by the at-fault driver to not involve insurance. By the time these crash victims realize the at-fault driver does not have the money to pay for all their damages, they may have lost a great deal of time they could have been using to get their claim underway.
Attempting to Settle Without Involving a Lawyer
When the other driver is obviously at fault, the negligent driver’s insurance company may attempt to contact you with a settlement offer immediately after the accident.
While these offers may seem fair at first glance, they are often far lower than you need to cover your damages and expenses. The insurance company is hoping you accept the offer before realizing that, for the convenience of getting the money sooner. An experienced attorney can help you recognize these tactics and avoid accepting an offer that is too low.
When fault isn’t as clear, the insurance company may intentionally drag out the process for an extended period of time, hoping claimants simply give up. Hiring a lawyer can force the insurance company to play fair.
Confusion About the Legal Process
Managing a personal injury claim can feel overwhelming, especially when dealing with medical treatments and vehicle repairs—many delay because they are unsure or unaware of their legal rights.
An experienced Miami car accident lawyer can help accident victims understand their options and increase their chances of a favorable outcome.
Fear of Legal Costs
Some victims worry about the cost of hiring a lawyer. However, most Miami car accident lawyers work on a contingency fee basis, meaning they only get paid if you win your case.
The contingency fee system aligns your attorney’s interests with yours, motivating them to secure the highest compensation possible.
Exceptions to the Statute of Limitations
Florida’s two-year deadline applies to most negligence cases, including car accidents. However, if your case meets other legal conditions, you may be subject to a different statute of limitations. For example:
- Injured Minors: If the primary victim of a car accident is a minor, such as a child passenger or a teenager on a restricted license, Florida state law pauses the statute of limitations until they reach the age of majority.
- The Responsible Driver Left the State: If the at-fault driver leaves Florida, the statute of limitations is paused until they return to Florida, so they are unable to wait out the potential lawsuit somewhere else.
- The Responsible Driver is In Hiding: If the at-fault driver attempts to conceal their identity or location to avoid the legal process, the statute of limitations may be paused until it can proceed.
Speak with your Miami car accident lawyer if you have doubts regarding your situation. They can help you determine whether your case qualifies for an exception to the statute of limitations to help ensure you receive the compensation you are entitled to.
Consult a Miami Car Accident Lawyer Today
After a car accident caused by a negligent driver, the most important first step is to stay calm. Then, contact Aigen Injury Law for a free, no-obligation consultation. Our team will fight for your right to full compensation and ensure you don’t fall for lowball insurance offers.